General Terms & Conditions

Last updated: September 2012

1 Scope

1.1 The contract made by the customer is with Jessica’s Food Services Ltd (VAT No GB 141 2826 37 and registered number 07735603) whose registered office is at 23 Morris House Swainson Road London, W3 7UP and whose trading address is 3 Shortlands, Hammersmith, London W6 8DA (Telephone No 020 3609 8696) (referred to below as: JRB).

1.2 The following terms & conditions apply to a subscription by you, the customer, to receive from JRB regular deliveries of the bag indicated in section 3.1 in an available delivery area (subscriptions) which are completed by a customer on www.jessicasrecipebag.co.uk.

1.3 The current range of products and available delivery areas are set out on www.jessicasrecipebag.co.uk. JRB does not offer deliveries outside those specified areas.

2 Conclusion of Contract

2.1 No binding offer on the part of JRB is associated with the presentation of the products and the granting of the possibility of ordering them. The agreement is still not concluded by the customer’s registering on the website and submitting the online order form on www.jessicasrecipebag.co.uk. The order process together with the indication of the desired method of payment, represents an offer by the customer to JRB to make a contract for a subscription.

2.2 The customer will be guided through the process of placing an order by a series of instructions on this website. The customer places the order for the bag by pressing the complete checkout button at the end of the checkout process.

2.3 After the registration and order process (including the customer’s indication of the desired method of payment), the customer may immediately (at the latest within 24 hours) receive from JRB an acknowledgement of the customer’s order at the e-mail address specified by him. This acknowledgement from JRB will reproduce the data specified by the customer as well as the contents of the concluded contract, including these general terms and conditions and the start and the time slot of the delivery stipulated by JRB (delivery slot).

2.4 However, JRB’s acceptance of the customer’s order, and the completion of the contract between the customer and JRB, will only take place on the dispatch to the customer of the bag ordered, unless JRB has beforehand notified the customer that JRB does not accept the customer’s order or the customer cancels it in accordance with these terms and conditions.

2.5 JRB’s non-acceptance of an order may be because:

2.5.1 the bag is not available from stock;

2.5.2 non-authorisation of the customer’s payment;

2.5.3 a price or bag description error has been found.

2.6 JRB may in any event decline to fulfil any order, including bulk purchase of bags.

2.7 These general terms and conditions are an integral part of the contractual relationship. JRB reserves the right to amend the general terms and conditions. The amended general terms and conditions shall become an integral part of the contractual relationship only once the customer has been informed of them, unless the customer exercises his special right of termination of the subscription in accordance with section 9.2.

3 Subject Matter of the Contract, Prices & Orders

3.1 The subscription shall include the regular, terminable, delivery of recipes along with the food ingredients necessary for the respective recipe (“bag”).

3.2 The customer can choose to have a weekly or fortnightly regular delivery of a bag.

3.3 JRB shall select the recipes as well as the food ingredients. If individual ingredients (for example, spices) are not part of the delivery, these are listed separately under the link “Home ingredients” on www.jessicasrecipebag.co.uk.

3.4 The prices are per bag and can be found at www.jessicasrecipebag.co.uk. The prices specified there include delivery to the address noted in the acknowledgment email. Any VAT is included in the prices.

3.5 JRB reserves the right to change the prices from time to time during the term of the subscription. The customer will be informed of a price increase by e-mail at the latest eight days before the delivery date of the bag at the amended price. In the event of a price increase, the customer shall be entitled to exercise his special right of termination of the subscription in accordance with section 9.2.

3.6 The customer must order a bag no later than 00.01, six days prior to the scheduled delivery date i.e. before 00.01 on Tuesday before a Monday delivery date

4 Communication Channels

4.1 The customer can conduct his entire communication with JRB via the My Account section on the website www.jessicasrecipebag.co.uk.

4.2 The email address of JRB for any communications is: support@jessicasrecipebag.co.uk

4.3 JRB shall respond quickly to customer enquiries via the service hotline, which is indicated under Contact.

5 Customer’s Duty to Cooperate

The customer is obliged to keep up-to-date his contact and delivery data (including his e-mail address) which is stored by JRB. The customer must endeavour to protect his log-in data and password against unauthorised use by third parties.

6 Delivery and Transfer of Ownership Risk

6.1 The bag shall be delivered free of charge in accordance with JRB’s specifications. JRB shall be entitled to commission third parties to execute the delivery.

6.2 Delivery will be made to the address specified by the customer when he submits his order. Please refer to JRB’s delivery info pages for confirmation of where JRB delivers to. The customer can also use the postcode lookup tool on the following link; www.jessicasrecipebag.co.uk/sign-up/.

6.3 JRB may block postcodes at its discretion for security purposes, and JRB will advise the customer of this when entering the customer’s postcode into his account, or subsequently when JRB reasonably has grounds for doing so.

6.4 JRB will deliver usually on a Monday evening between 17.00 and 22.00 (delivery slot) unless the customer is otherwise informed. JRB may move the delivery date for national holidays or other reasonable reasons. JRB otherwise reserves the right to change the delivery date at any point; provided that JRB will make best endeavours to inform you at least 3 days before.

6.5 JRB always aims to deliver on time. Unfortunately there can be occasions where an unavoidable situation will mean this cannot happen. In these circumstances, JRB will always endeavour to let the customer know if there is a problem. In any event, JRB will keep the customer informed of the progress of the delivery by email, text, via the online account, MyAccount.

6.6 The customer must ensure that he or an assigned person is at the delivery address for the delivery slot.

6.7 In the delivery instructions, which can be issued via the registration process or customer account, no later than 24 hours prior to delivery if he cannot accept delivery on the delivery date, the customer can identify a substitute recipient. The substitute recipient must be in the immediate vicinity of the delivery address. In the case for apartment buildings, this is limited to a substitute living in the same building, and in the case of other dwelling, if the substitute is in the immediate neighbourhood.

6.8 JRB’s couriers shall make every reasonable effort to leave the bag in a safe place and where appropriate a card will be left indicating its location. If the customer is not able to be found at the time of the delivery slot and no substitute recipient was designated or if the designated substitute recipient cannot be found either, JRB will have fulfilled its delivery duty if the JRB courier leaves the bag at the entrance of the apartment (or at the entrance of the apartment of the designated substitute recipient who cannot be reached) provided that this entrance is within a lockable building. If the customer lives in another dwelling, the bag can be left outside. If the bag is left outside the apartment or house, it is at the risk of JRB. In any such case, JRB shall send a text message with the date and time which will be confirmation of such delivery. If the bag is then not found by the customer, the customer is obliged to contact promptly JRB in order to arrange a new delivery date. However, JRB is not obliged to deliver the bag again, in which case JRB shall reimburse or credit the customer with the price for the lost bag.

6.9 On delivery of the bag in accordance with section 6, ownership and the risk of accidental deterioration and loss of it passes to the customer. The same applies if the customer delays in accepting the bag.

6.10 The customer can change his specified delivery address at any time subject to a prior notice of at least 6 days. The new address must be in the delivery area specified in section 1.3. This must be done via the communication channels specified in section 4.1.

7 Payment and Form of Invoicing

7.1 Payment occurs at the same intervals as the delivery of the bag, weekly or fortnightly no later than 2 days after the respective delivery date. Payment is possible only via direct debit or with a credit card (VISA or MasterCard) (see Payment Methods).

7.2 The customer agrees to receive an online invoice for downloading, because invoices are not sent by post. The customer can access the invoice online and save it in PDF format and/or print it.

8 Credit Check and Cancellation

8.1 JRB may from time to time check the customer’s ability to pay by debiting the customer’s bank account or credit card the sum of £1.00 after registration and JRB shall credit the bank account or card the next day.

8.2 If no payment occurs, JRB shall be entitled to suspend future deliveries and contact the customer via e-mail, post or telephone for payment processing purposes. If no payment occurs within a reasonable period after this reminder, JRB shall be entitled to cancel the subscription with immediate effect via e-mail or at the discretion of JRB otherwise.

9 Term and Termination

9.1 The subscription may continue for an indefinite period. The customer or JRB can terminate the subscription at any time by 6 days’ notice.

9.2 The customer also has a special right of termination by immediate notice by email:

9.2.1 in the event of a price increase or other amendment to the range of services which is unfavourable for the customer; or

9.2.2 in the event of an amendment to these general terms and conditions on which the subscription is based.

The special right of termination must be exercised no later than 4 days after notification to the customer of the amendment. If the customer does not so exercise his special right of termination, this shall be treated automatically as his agreement to continue the amended subscription.

9.3 Each party has the right by notice served upon the other to terminate the subscription for material breach of contract by the other party, and JRB has the right to terminate the subscription if the customer does not fulfil his duty to pay any overdue sum 7 days after service of JRB’s demand to pay the overdue sum.

9.4 The termination by the customer or JRB in accordance with this section 9 must occur in writing via the communication channels specified in section 4. 1. The termination by JRB in accordance with this section 9 shall occur via e-mail or otherwise in writing.

9.5 In the event of a termination, JRB shall immediately delete all data specified by the customer. This excludes such data as is still necessary for the settlement of the contractual relationship.

10 Suspension of the Subscription

The customer can suspend the subscription at any time no later than 00.01, 6 days prior to the next scheduled delivery date i.e. before 00.01 on a Tuesday before a Monday delivery date. The notification of the suspension must be done via the communication channels specified in sections 4.1.

11 Warranty

If the delivered bag has a defect for which JRB is responsible, JRB shall either replace the bag or make a fair refund or credit of the price, and in any event the customer is entitled to assert his statutory rights.

12 Responsibility

12.1 The bags are not designed to cater for allergies, so the customer must take care to check the ingredients list (e.g. pesto contains nuts).

12.2 The bags are for purchase by a private individual and not a business.

12.3 Nothing in the terms and conditions will reduce the customer’s statutory rights.

13 Miscellaneous

These general terms & conditions can be viewed on www.jessicasrecipebag.co.uk at any time but you should print for ease of reference a copy of these and acknowledgements received pursuant to section 2.3. The customer’s order and information on deliveries can be viewed via the online account, My Account.

14 Applicable Law and Courts

These terms & conditions shall be subject solely to the law of England and Wales and the courts of England and Wales shall have jurisdiction.

15 Consumer Protection (Distance Selling) Regulations Cancellation Rights

15.1 Please note that the customer is entitled (without giving any reason) to cancel the subscription and any contract if it wishes, provided that it exercises its right no later than seven working days (a working day is not a Saturday, Sunday or public holiday) after the day on which it receives any bag, but the right to return bags does not apply to a bag which by reason of its nature is perishable, that is, liable to deteriorate or expire rapidly.

15.2 If the customer does have a right of cancellation and he wishes to cancel he must retain possession of the goods cancelled and take reasonable care of them until they are collected or returned.

15.3 Notice of such cancellation must be delivered in writing to JRB, details as provided above, or delivered to the last address for JRB known to the customer or via the communication channels specified in section 4.1.

15.4 Once the customer has so notified JRB of such a cancellation, JRB will reimburse the customer promptly, but no later than 30 days after the notice of cancellation was given by the customer.

 

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